According to the provisions of Article 47 of the Copyright Law, anyone who commits one of the following infringements shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for the losses according to the circumstances: those who use other people's works should pay remuneration but fail to pay it;
Article 48. In case of any of the following infringements, it shall bear civil liabilities such as stopping the infringement, eliminating the influence, apologizing and compensating for the losses according to the circumstances; At the same time, if the public interests are harmed, the copyright administrative department may order the infringement to stop, confiscate the illegal income, confiscate and destroy the infringing copy, and may also impose a fine.
If the circumstances are serious, the copyright administrative department may also confiscate the materials, tools and equipment mainly used for making infringing copies; If the case constitutes a crime, criminal responsibility shall be investigated according to law: those who copy, distribute, perform, show, play, assemble or disseminate their works to the public through information networks without the permission of the copyright owner, unless otherwise provided for in this Law.
Extended data:
Copyright infringement dispute refers to the dispute between the two parties on whether the behavior of the actor constitutes infringement, what responsibility to bear and who will bear it.
When copyright owners and neighboring rights holders find that their rights have been illegally infringed, they can solve the infringement disputes through mediation, arbitration and litigation.
1, mediation
Mediation refers to the dispute settlement method in which the parties reach a settlement agreement under the auspices of a mediation organization when a dispute occurs. Mediation organizations can be copyright administrative departments and other departments, as well as other social organizations and mass organizations.
Both copyright infringement disputes and contract disputes can be settled through mediation. The mediation agreement has no legal force and cannot be enforced. After reaching an agreement, if one party reneges and refuses to perform the mediation agreement, the mediation agreement will lose its validity, and the parties can resolve the dispute through litigation.
2. Arbitration
Arbitration refers to the dispute settlement method in which the arbitration institution decides the disputes of the parties according to certain arbitration procedures. Copyright arbitration is conducted by a copyright arbitration institution, which is mainly applicable to the settlement of copyright contract disputes.
Moreover, there must be an arbitration clause in the copyright contract or a written arbitration agreement reached afterwards. If there is no arbitration clause or a written arbitration agreement is not reached afterwards, arbitration cannot be conducted.
The arbitration made by the copyright arbitration organ is legally binding. If one party fails to perform the arbitration award, the other party may apply to the people's court for compulsory execution.
3. Litigation
Copyright litigation refers to a way to solve copyright disputes by suing the people's court and using litigation procedures. Litigation is the main way to solve copyright disputes stipulated in China's copyright law.
The parties may directly bring a suit in a people's court, or if mediation fails between the parties and one party reneges after reaching a mediation agreement, it may also bring a suit in a people's court. In addition, if the people's court that executes the arbitration application finds that the arbitration award is illegal, it has the right not to execute it, and the parties may also bring a lawsuit to the people's court on the contract dispute.
The limitation period for a party to apply to a people's court for copyright protection is two years, counting from the time when the copyright owner knows or should know that his rights have been infringed. If a people's court infringes copyright or copyright-related rights in the course of hearing a case, it may confiscate the illegal income, infringing copies and property involved in illegal activities.
China's copyright law also provides evidence preservation measures for the parties in the litigation process.
In order to stop the infringement, the copyright owner or copyright-related obligee may apply to the people's court for evidence preservation before prosecution, if the evidence may be lost or difficult to obtain later.
After accepting the application, the people's court must make a ruling within 48 hours, and if it decides to take protective measures, it shall immediately start execution. If a party applies for evidence preservation, the people's court may order the applicant to provide a guarantee; If the applicant cannot provide a guarantee, the application shall be rejected.
If the applicant fails to bring a lawsuit within 15 days after the people's court takes the preservation measures, the people's court shall lift the preservation measures. The provisions of protective measures are conducive to the protection of the rights of the infringed person and the trial of the case by the court.
China's copyright law also stipulates that the copyright owner or copyright-related obligee has evidence to prove that others are committing or will commit acts that infringe their rights, and if they are not stopped in time, their legitimate rights and interests will be irretrievably damaged.
You can apply to the people's court for measures to stop relevant acts and property preservation before prosecution. Such a provision is conducive to better protecting the interests of copyright owners and making the measures ordered by copyright owners to stop infringement more effective.